Re Mr Timothy Wynn Owen Kc
Read the full judgment text of CACV 425/2022 on BabelCite. This Court of Appeal judgment was delivered on 21 December 2022 before Kwan VP, Chu VP and Au JA.
Legal Practitioners Ordinance Cap 159 s.27 – ad hoc admission of barrister – costs – summary assessment – whether four counsel justified – Court of Appeal dismissed Secretary for Justice's appeal against grant of ad hoc admission of Mr Timothy Owen KC to represent Mr Lai Chee Ying in HCCC 51/2022 – Court of Appeal also refused Secretary's leave application to Court of Final Appeal – Court of Final Appeal dismissed Secretary's application – costs orders nisi made against Secretary with directions for summary assessment – court accepted Secretary's submission that no exceptional circumstances justified engagement of four counsel – costs of two counsel allowed – reasonable costs for the appeal assessed at HK$511,700 and for the leave application at HK$343,300, after adjustments for excessive time and possible duplication of work – Robertsons for the applicant – Department of Justice for the Secretary.
Legal issues: Whether costs of four counsel are justified on the appeal and leave application
Outcome: Costs orders nisi made absolute; costs assessed on a summary basis in favour of the applicant.
Cited by 5 cases · Cites 1 case
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CACV 425/2022 [2022] HKCA 1898 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF APPEAL CIVIL APPEAL NO 425 OF 2022 (ON APPEAL FROM HCMP NO 1402 OF 2022) ________________________
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________________________ DECISION ON COSTS ________________________ The Court: 1.On 9 November 2022, we handed down a judgment dismissing the appeal of the Secretary for Justice against the judgment of the Chief Judge granting the ad hoc admission of Mr Timothy Owen, KC to represent Mr Lai Chee Ying in his trial in HCCC 51/2022. This was followed by another judgment handed down on 21 November 2022 refusing the Secretary’s application for leave to appeal against our judgment to the Court of Final Appeal. In each of the judgments, we made a costs order nisi against the Secretary with directions for summary assessment. 2.On 23 November 2022, we granted leave to the Secretary to file an application to vary the costs orders nisi or a response to the applicant’s statement of costs within seven days of the determination of the Secretary’s notice of motion by the Court of Final Appeal. The Appeal Committee of the Court of Final Appeal handed down its determination on 28 November 2022 dismissing the Secretary’s application. The Secretary informed this court on 5 December that he does not intend to apply to vary the two costs orders nisi. The Secretary has lodged his responses dated 5 and 12 December 2022 to the statements of costs of the applicant dated 17 November 2022 and 5 December 2022. 3.We agree with the Secretary there are no exceptional circumstances to justify the engagement of four counsel for the applicant to oppose the appeal and the leave application. We will allow the costs of two counsel. 4.Making adjustments for excessive time spent and possible duplication of work, we assess the reasonable costs allowed to the applicant in respect of the appeal at $511,700 and for the leave application at $343,300.
Robertsons, for the Applicant (Respondent) The Department of Justice, for the Secretary for Justice (Appellant) |
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